Title 16
1000 Administration
[7 CFR §272.1(c); 45 CFR §205.50]
Federal and State laws provide that public assistance information and records may be used only for purposes directly connected with the administration of public assistance programs. Thus, all information gathered regarding individuals for public assistance purposes is considered confidential and will be safeguarded by DSS.
By safeguarding public assistance information, DSS protects its clients from being identified as a special group based on financial needs and protects their right to privacy.
See Administrative Notice:
A-14-98 Subpoenas for Public Assistance Records
12 DE Reg. 453 (10/01/08)
1003.1 Procedures to Maintain Confidentiality
Except as stated in DSSM 1003.2, 1003.3, and 1003.4, the Division will not release any information regarding a particular individual without the individual's written consent.
General information regarding expenditures, numbers of clients served, and other statistical information is a matter of public record and may be made available to any interested party.
1003.2 Information to Law Enforcement Agencies
For TANF Cash Assistance Programs:
Each DSS Regional Operations Manager has the authority to disclose the address of a recipient to Federal, State or local law enforcement officer at the officer's request if the officer furnishes the agency with the name of the recipient and notifies the agency that the recipient:
• is fleeing to avoid prosecution; or
• is a fleeing felon (or in the case of New Jersey is fleeing from conviction of a high misdemeanor); or
• is violating a condition of probation or parole; or
• has information that is necessary for the officer to conduct his or her official duties and;
• the location or apprehension of the recipient is within such official duties.
For Food Stamps:
DSS will disclose information about food stamp applicants or recipients to law enforcement agencies only when the agency provides a written request and it is for the purpose of investigating an alleged violation of the Food Stamp Act or regulation.
The written request shall include:
• the identity of the individual requesting the information,
• the individual's authority to request the information,
• the violation being investigated, and
• the identity of the person on whom the information is requested.
DSS shall also make available to law enforcement officers, on official duty, the address, social security number, and a photograph (if available) of a food stamp recipient if the officer furnishes the recipient's name and informs DSS that the individual is fleeing to avoid prosecution, custody or confinement for a felony, is violating a condition of parole or probation, or has information necessary for the officer to conduct an official duty related to a felony/parole violation.
DSS will also provide information regarding a household member who has information about another household member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole. The information will be provided as long as the law enforcement officer has provided a written request.
If the law enforcement officer has provided documentation, not just the written request, that a household member is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole, DSS shall terminate the member’s participation.
DSS will only disclose the information that is necessary to comply with a specific written request of a law enforcement agency.
9 DE Reg. 1077 (01/01/06)
1003.3 Child Abuse, Neglect and Exploitation
DSS workers are required to report to the Division of Family Services in situations where it believes a home is unsuitable because of neglect, abuse, or exploitation of a child.
1003.4 Court Appointed Special Advocate (CASA or guardian ad litem)
A Court Appointed Special Advocate (CASA) is given permission to inspect and/or copy any records relating to the child and his or her family/guardian without their consent. The CASA has the authority to interview all parties having significant information relating to the child.
If information is released under the procedures applying to CASA, pertinent details of the reasons for the release shall be documented and written notification of this release shall be sent to the last known address of the individual to whom the record refers.
12 DE Reg. 1095 (02/01/09)
1003.5 Disclosure of Information for Other Reasons
DSS has the authority to disclose information concerning applicants and recipients provided it pertains to:
1. An investigation, prosecution, or criminal or civil proceeding conducted in connection with public assistance programs.
2. The administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need. The agency must assure DSS that such information will remain confidential and will be used only to pursue services for the individual. Other means-tested programs include the Supplemental Security Income Program, School Lunch and Breakfast Program, the Energy Assistance Program, and the Low Income Housing Program. Other agencies (such as Family and Children Services of Delaware, Inc., Catholic Social Services, Legal Aid, etc.) must provide written permission from the recipient before public assistance information may be released.
Other governmental agencies may obtain lists of recipients from DSS if the information will be used to perform services for DSS, and the agency can assure DSS that the lists will remain confidential.
